New Arrangements Needed
The Failure of "Opportunity" and the Criminalization of the Youth

Education has long played a key role in sustaining the myth of the U.S. as the "land of opportunity." But today, with the massive, broad, and intensifying attacks on education, along with a failing economy, more wars, and endless measures to criminalize and repress the youth, the ruling circles face great difficulty in sustaining this myth-which is essential for maintaining support for their out-dated and rotting system.

Whether it is targeting the youth for prison, for wars, for their views, failing to provide them with jobs, making higher education inaccessible, cutting funding to K-12 education, or spying on students and teachers, the current system cannot provide a bright future for the youth.

The anti-social offensive, a necessity for the ruling circles, has steadily lowered the level of education: there is more inequality, more racism, and more segregation than ever.

These developments reveal an inability of the ruling circles to act in the old way in terms of their government providing "opportunity." They are altering the conception and role of "opportunity," and hence government, in maintaining their system.

Consistent with the broad promotion that government has no responsibility to society, the view is given that government has no responsibility for education. Instead, they have only to provide everyone with "choice," and then it is up to each family to fend for itself. However, this has caused great problems, as having the opportunity to get an "equal" education and attend university are main pillars in sustaining the claim that the U.S. is a "land of opportunity." With the massive and unending attacks on education, the claim has lost all credibility.

In the face of this crisis of the system, which can no longer have opportunity as an arrangement, the response of the ruling circles is to step up the criminalization of the youth. This criminalization and attack on rights is being met with growing opposition. People's consciousness that education is in fact a right and one government must be responsible for, has grown tremendously.

There are broad and growing movements nationwide to reject all these attacks. Numerous organizations exist that are opposing the criminalization of the youth, and putting forward their own solutions, which start with the need to affirm people's rights. People are putting forward that they must be the ones to decide and that teachers, students, and parents together can solve these problems. What they need is the opportunity and power to do so. Criminalizing students and militarizing schools aims not at solving the problems in society, but blocking the youth from playing their role as the future by fighting to lift the society out of the crisis.

Buffalo Schools Plan
Needs of Education Incompatible with Control Board Mandate

The first page of the four-year plan submitted by the Buffalo Board of Education to the Control Board states: "It is the opinion of the Board of Education that this four year financial plan will not meet the basic needs of the students attending schools in the City of Buffalo." Superintendent Marion Canedo was quoted as saying the plan "is a blueprint for cutting costs and not having a budget gap. It's not a blueprint for an education program."

Limiting itself to complying with the demand for "balanced budgets," the School Board emphasizes, "Under present conditions, without additional revenues the only viable way to balance expenditures with revenues is to reduce staff, close schools, eliminate nonmandated programs and increase class size." The plan then calls for the elimination of nearly every program and position not mandated under State law: kindergarten, interscholastic sports, instrumental music; elementary school art; guidance counselors, attendance teachers, librarians and teacher aides. Two more schools would be closed. An unnamed number of teaching and other positions would be eliminated through attrition totalling $6 million in cuts to wages and salaries by 2006. Indicating the degree to which Buffalo Schools have been left to fend for themselves by governments at all levels, by 2006-07 the School Board still projects a $60.7 million "budget gap."

The plan also details the impact of massive cuts to education in 2003-04, the latest of several years of cuts which have decimated the schools. In the past two years, for example, the District has slashed 20 percent of its teaching positions. The plan notes that "the stress experienced by staff has shifted some of their focus from students and teaching to budget concerns and job security. This has resulted in an inability to recruit, and in some cases, retain quality staff, exacerbating instability in the schools." All nine school district unions, including the Buffalo Teachers Federation, have contracts expiring next year, meaning they will all be negotiated under the dictate of the Control Board.

Along with the sweeping cuts detailed in the plan, the Board of Education calls for increased funding from the City, County and State government. It also calls on the state to forgive the debt the School issued in its settlement with teachers on back pay. The District currently pays $1.3 million in interest and $450,000 in principal on that debt.

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EDUCATION IS A RIGHT!

U.S. Dept. of Education Withholds Federal Funds from Minnesota Schools

In the first known move of its kind, the U.S. Department of Education recently arbitrarily implemented another punitive sanction from the No Child Left Behind Act (NCLB) by withholding $113,000 in education funding from Minnesota. The Act, signed by Bush in January 2002, withholds funding from schools that do not meet or submit to the government’s arbitrary and punitive requirements and standards. Schools serving poor and minority students are a main target of the law. These schools rely on Title 1 funds, the very funds that are now being withheld.

“The [U.S.] department [of Education] is withholding the money because it says the state is out of compliance with the No Child Left Behind law,” explains Pioneer Press. Revealing the arbitrary nature of the law and the Department’s implementation of that law, Minnesota was deemed “out of compliance,” only months after receiving a waiver. “Federal officials decided not to stick to a March 2002 waiver that allowed the state to use attendance and graduation rates for middle and high schools to determine whether they were making ‘adequate yearly progress’,” reports the same source. The government dictated that standardized test scores instead be used to determine “adequate yearly progress,” dramatically arbitrarily increasing the number of schools labeled “failing”. State Education Commissioner Cheri Pierson Yecke said another 200 to 300 schools would make the list of under performers. The state Education Department spent months negotiating the original agreement with the Federal government. Yecke, according to news sources was shocked and disappointed by the sudden change.

The loss of funding means that the state Education Department must leave two vacant Title I positions unfilled, which serve the very students the law claims to be assisting. Minnesota receives approximately $571 million in federal education funding; the $113K amount withheld equals about 10 percent of the state's federal Title I funds.

Emphasizing the government’s determination to step up such attacks, U.S. Secretary of Education Rod Paige said in a threatening letter sent to Minnesota’s state Education Department, that his Department “has the authority to withhold a higher amount for this noncompliance,” reports Pioneer Press. Yecke predicted that, “you're going to see other states in this situation” in the future.

In May, Georgia was threatened with a loss of $783,000 in federal funds for “non-compliance.” And, according to the Star Tribune, “Ohio had to call a special legislative session after the federal government threatened to withhold $403 million if it didn't approve a school accountability plan by the start of the school year.”

Such attacks are intensifying as states dramatically slash funding to K-12 and higher education under the guise of “closing budget gaps.” Increasingly, schools are being forced to spend even more money to meet arbitrary state and federal requirements that are in fact being used to withhold future funds. The state and federal standards are widely known to lower the level and quality of education, especially for working-class and minority youth.

Dramatic Tuition Increases at Colleges and Universities Around the Country

Across the country colleges and universities continue to increase tuition and fees at a rapid pace, forcing more and more students out of and away from college. At the same time, more and more students are borrowing larger amounts of money to go to college, graduating in deep debt, and confronting an uncertain economic future.

On July 22, The Washington Post reported that, “State colleges and universities in every region of the country are preparing to impose this fall their steepest tuition and fee increases in a decade.” This is the latest result of the demand of the rich for governments at all levels to hand over state treasuries to them, thereby demanding massive cuts to higher education.

Increased Tuition and Fees

In-state students in Maryland and Virginia can expect to pay at least $1000 more starting this fall. “Tuition and fees at the State University of New York and the University of Oklahoma are rising about as much as those at the University of Virginia, but they are rising 39 percent at the University of Arizona and 40 percent at the University of California,” adds the Post. As well, tuition at the University of Wisconsin’s flagship campuses is going up 18 percent.

The National Center for Education Statistics (NCES) reports that, “College costs (tuition, room, and board) have risen at both public and private institutions, but increased more at private colleges than at public colleges. For the 2000-01 academic year, annual prices for undergraduate tuition, room, and board were estimated to be $7,621 at public colleges and $21,423 at private colleges. Between 1990-91 and 2000-01, prices at public colleges rose by 23 percent, and prices at private colleges increased by 27 percent, after adjustment for inflation.”

A February 2003 report from the National Association of State Universities and Land-Grant Colleges (NASULGC) reports that, “Resident undergraduate tuition and fees at public four-year institutions rose 9.1 percent ($344) for 2002-2003, the largest single-year increase in almost a decade.”

The New York Times reports that this year, “43 states have approved budgets for the 2004 fiscal year…and higher-education outlays have dropped by 2.8 percent, to a total of $37.7 billion, from $38.8 billion last year.” Arturo Perez, a policy specialist at the National Conference of State Legislatures pointed out that education is being targeted by state budget cuts.

On July 16, the Board of Trustees for the Minnesota State Colleges and Universities (MnSCU) “passed a 12.5 percent average tuition-and-fee increase for 2003-04, plus another 12.5 percent increase on top of that for 2004-05,” reports the Star Tribune. This represents an additional $400 per year. At some campuses tuition increases exceed 15%.

Full-time students at Erie Community College in Buffalo can expect a $200 tuition increase, according to The Buffalo News. Part-time students will have to pay an extra $113. “That means about a third of ECC students receiving financial aid will be expected to pay higher out-of-pocket tuition costs, according to college officials,” says The Buffalo News.

“It's just making it much harder for us to go to school,” said Bruce Jordan, 46, of Roxbury, a black studies major at the University of Massachusetts at Boston, where tuition is expected to climb by $1000 this fall, according to the Boston Herald.

California: Model System Under Attack

California has long been held up as a model of “opportunity” where anyone could readily go to college. Recent developments suggest this will no longer be the case.

Students at California's two public university systems can expect a whopping 30 percent hike in tuition in the coming year. “Both systems already raised fees 10 percent for the spring 2003 semester,” according to The Sacramento Bee. Budget cuts at the state level are so profound [the deepest in the nation] that UC and CSU officials feel that even a 30% tuition increase may be insufficient. Officials are even considering turning some students away next year. “Under the 30 percent scenario, a full-time CSU undergraduate would see fees go to $2,046 from $1,572—a $474 boost for one year. For CSU graduate students, fees would rise to $2,254 from $1,734. A 30 percent increase for a resident UC undergraduate would raise fees to $4,984, or about $5,300 once other mandatory campus fees are added. UC graduate students would face 25 percent increases—up to $5,019 a year—and pay roughly $6,346 with other campus fees,” reports The Sacramento Bee.

Newsday reports that, “The increases came over the strong objections of students and some board members.” “You have just slammed the door of opportunity on thousands of students," said Carlos Illingworth, a student at CSU's Los Angeles campus. “The [state] budget must not be balanced on the back of the students.”

“For the first time in its history, CSU has made a formal decision to turn away qualified students this spring—a move expected to keep out as many as 30,000 students across the 23-campus system, the nation's largest,” reports the Sacramento Bee. UC will follow suit next fall, blocking entry for roughly 5,000 students.

Documenting the trend whereby higher education is becoming increasingly inaccessible to the youth, the Western Interstate Commission for Higher Education points out that, “In 1996, 61 percent of recent California high school graduates became first-time freshmen at a state college or university…. By 2000, California's number dropped to 43 percent, though it remained ahead of other Western states, where the same figure averaged 40 percent,” says the Bee.

Limiting Financial Aid for Students

Federal financial aid and most state aid programs are not keeping pace with rising tuitions. A recent report by the Congressional Research Service, the research arm of Congress, states that “the government's new formula for financial aid has found that it will reduce the nation's largest grant program [the Pell grant] by $270 million and bar 84,000 college students from receiving any award at all,” reports the New York Times. Hundreds of thousands more will receive smaller Pell grants. The new formula takes effect in the 2004-5 academic year. Nearly 16 million students are enrolled in the nation’s colleges and universities.

Oppose the Wrecking of Education!

The attacks on the right to education can be expected to continue as the all-out wrecking of the anti-social offensive of the ruling circles intensifies. Analysts and experts are already predicting another round of massive state funding cuts [approx. $80b] in the new fiscal year. In the name of “balancing the budget,” “declining levels of state aid,” and “difficult fiscal times,” governments at all levels will hit K-12 and higher education hard again.

Education is a right, not a privilege. It is a right since education is a necessity in today’s society. Rights cannot be given or taken away. They are not based on criteria such as the ability to pay. Rights must be guaranteed on the basis of the holder’s being and for no other reason whatsoever.

End the Criminalization of the Youth! Defend the Rights of All!

Below we are reporting on the ways in which the ruling class is steeping up its criminalization of youth in the name of “school security”. Contrary to what school and security officials say, all the so-called security measures in schools have nothing to do with providing real security for youth, teachers and parents. Everyone knows that the worst tragedies have taken place at high schools with plenty of “security” such as Columbine.

Security does not come through use of force or attacking rights by violating privacy, by humiliating students and teachers, and creating an atmosphere where none but the government and its officials are to be trusted. Security comes from the people fighting for their rights, together, and it is precisely this fight that these “security” measures aim to stop. This is especially the case as all can see the complete failure of the present system to meet the needs of the people.

Chicago Spends $53 Million on “Security”

Chicago public school officials recently announced that this academic year funding will be increased by one million dollars to $53 million on measures that further criminalize teachers and students.

There is to be an increase in “the number of high schools with X-ray machines from 21 to 51. In addition, security personnel have been or are being added at eight high schools, more security training has been given, and every high school now has an administrator in charge of security,” reports the Chicago Sun-Times.

Schools CEO Arne Duncan justified spending $53 million on “security” because of the “sickening role that gangs and guns play in our children's lives.” School records indicate, however, that no student was killed at school last year. Yet expulsions for any reason rose to 784 from 672, reports the Sun-Times.

Biloxi, Mississippi: Hundreds of New Spy Cameras in Every Classroom and Hallway

This week, 6,500 Biloxi students and thousands of teachers return to schools filled with more than 500 spy cameras that cost the Biloxi public schools two million dollars, according to the Associated Press (AP). Installations began two years ago. School and security officials think that this may be the first set-up of its kind in the country in public schools—at least on such a scale.

The spy cams “are contained in circular domes on the ceiling, giving a sweeping view of the classroom,” reports the AP. “The district has not written its policy on how the cameras will be used,” said Robert Voles, Deputy Superintendent of Biloxi public schools, but one thing is clear: “A parent, student or teacher would have to go through court” to get permission to view camera recordings, says the AP.

Maryann Graczyk, president of the Mississippi American Federation of Teachers, said she is troubled by such an obstacle. "If my child in school is accused of something…I would certainly want to see that," she said, according to the AP. She also worries about how the intrusive spy cams will affect relations between teachers and students, and feels that, "In observance of the democratic process, we're willing to give up a lot of privacy…in the interest of safety. I'm not sure it's the right thing to do.”

Illinois: New Law Tells Students Prison is Their Only Future

Illinois Governor Rod Blagojevich recently signed into law a new bill that targets “students considered at risk for committing future crimes” and sends them on state prison tours to “discourage bad behavior,” reports the Chicago Tribune. The law does not clearly specify what kind of “misbehavior” lands students in the program. In fact, Representative Monique Davis (D-Chicago), a House sponsor of the legislation, even “suggested the program should be expanded to include more than just troublemakers,” according to the Tribune.

State prison officials will be working with the schools to design the program established by the new law, which takes effect January 1. No youth can be sent on a prison tour without the consent of a parent or guardian.

James Coldren, head of the John Howard Association, said the law “stigmatizes youngsters as people who indeed are headed for prison,” reports the Tribune. In a June letter to the Governor, Coldren said the law could leave students “confused, possibly angry, and certainly no better off.”

Betsy Clarke, president of the Juvenile Justice Initiative, said her statewide advocacy organization told the governor to veto the legislation. She said this program was like the so-called Scared Straight programs popular in the 1970s and 1980s during which prison inmates related horrific stories to children about life in prison. Such programs, Clarke said, though once widely embraced, ultimately proved ineffective, reports the Tribune.

Joi Mecks, a spokeswoman for the Chicago Public Schools, said district officials were unaware of the bill and were not consulted before its introduction.

From Schoolhouse to Jailhouse

Judith Browne *

Fourteen-year-old Ricky was arrested by school police one Halloween, and charged with a second-degree felony: "throwing a deadly missile." While this sounds serious, Ricky's "deadly missile" wasn't made with dynamite or biotoxins, nor did it contain gunpowder or dangerous chemicals. That Halloween, instead of trick-or-treating with friends, Ricky found himself handcuffed, read his rights, and led away for carrying an egg in his pocket. That Halloween, the real trick was that school officials were ready to transform a moment of juvenile mischief into a felony conviction that could haunt Ricky for the rest of his life. Ricky had just been derailed from the schoolhouse to the jailhouse.

Ricky's story is not unique.

In Palm Beach County, Florida, a six-year-old student was arrested for trespassing on school property while walking through the schoolyard on his way home. In Indianola, Mississippi, elementary school students have been arrested and taken to the local jail for talking during assembly. In New Hampshire, a young student was charged for simply pushing a peer in the schoolyard.

This rigid, unthinking approach has reached the point of being ludicrous. Students are being arrested and placed in the juvenile justice system for misbehavior that previously would have merited nothing more than a reprimand, detention or, at most, a suspension.

A recent report by the Advancement Project documents dramatic increases in student arrests from across the country. For example, there was a 300 percent jump in student arrests between 1999 and 2001 in Miami-Dade Public Schools. In other districts, the numbers of arrests were staggering as well. In 2001, arrests in the Houston Independent School District and Baltimore City Public Schools totaled 1,959 and 845, respectively. In Palm Beach County, Florida, school police made 1,287 arrests and there were 1,895 student arrests in Philadelphia during the 2001 school year. A majority of these arrests were for disorderly conduct, schoolyard scuffles and acts so petty that they are categorized as "miscellaneous."

This rush to punish and incarcerate youth for trivial acts is the result of a spike in juvenile crime during the 1980s and mid-'90s, and highly publicized incidents that led to the "superpredator" theory. This theory suggested that our country faced the emergence of a generation of young, remorseless killers. Lawmakers responded fiercely, instituting "zero tolerance" policies in the educational realm and making draconian changes to juvenile criminal law, including creating broad definitions of what constitutes criminal behavior. Policies that were ill conceived from the outset have become a fixture in our schools and in the juvenile justice system.

The truth is, juvenile violence and school violence, in particular, are on the decline. Yet, society has labeled and mistreated this generation of youth at great expense.

The criminalization of children by their schools can leave them with no education and no future. Students face the emotional trauma, embarrassment and stigma of being handcuffed and taken away from school, and later face a number of consequences such as strict, "no-slip-up" probation and juvenile detention facilities. Once released, students are often excluded from their schools or are re-admitted to face the same staff that participated in the original prosecution of the student. Many never return to school. Once in the system and saddled with a criminal record, they rarely escape with their dignity and future intact.

Students, who engage in truly criminal behavior such as murder, serious violence, or the sale or possession of illicit drugs, should be subjected to criminal charges—as they were even before zero tolerance became the watchword. However, students should not be subject to the serious consequences that are sometimes engendered by nonsensical practices by school officials.

Zero tolerance and its outgrowth—overzealous arrests of students for minor conduct—are a cure in search of a disease. Schools were, and remain today, the safest places for children. The unnecessary, often ridiculous, criminalization of students is a runaway train that the Bush administration's "No Child Left Behind" policy fails to stop. Ultimately, derailing children from an academic track to a prison track creates a lose-lose situation for us all.

* Judith A. Browne is senior attorney with the Advancement Project, Web site: www.advancementproject.org.